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TAMILNADU MEDICAL SERVICES CORPORATION LIMITED 417 Pantheon Road, Egmore, Chennai - 8
Website : w ww.tnmsc.com
E-mail: enquiry @ tnmsc.com
B ID REFERENCE:428/PIP/DPH/TNMSC/ENGG/2019, DT:12.02.2019
TENDER FOR FIXING RATE CONTRACT FOR SUPPLY OF
MICROPIPETTES TO VARIOUS GOVT. HOSPITALS
LAST DATE OF RECEIPT OF TENDER: 19.06.2019 at 03.00 PM
NOT TRANSFERABLE
2
ABSTRACT
S. NO. DESCRIPTION PAGE NO.
1. SECTION – I INVITATION FOR BIDDERS (IFB) 4
2. SECTION – II INSTRUCTION TO BIDDERS (ITB) 7
3. SECTION – III GENERAL CONDITIONS OF CONTRACT (GCC) 27
4. SECTION – IV SPECIAL CONDITIONS OF CONTRACT (SCC) 41
5. SECTION – V SCHEDULE OF REQUIREMENTS 51
6. SECTION – VI TECHNICAL SPECIFICATIONS 64
7. SECTION – VI A QUALIFICATION CRITERIA 67
8. SECTION – VII BID FORM AND PRICE SCHEDULE 70
9. SECTION – VIII CONTRACT FORM 73
10. SECTION – IX PERFORMANCE SECURITY FORM 76
11. SECTION – X PERFORMANCE STATEMENT 78
12. SECTION – XI MANUFACTURER’S AUTHORISATION FORM 80
13. SECTION – XII AFFIDAVIT FORM 81
3
TAMILNADU MEDICAL SERVICES CORP. LTD.,
417, PANTHEON ROAD,
EGMORE, CHENNAI 600 008.
Telephones: (044) 28191890 / 28190259
E-mail: e [email protected]; e [email protected]; e [email protected]
Web site:www.tnmsc.com
TENDER FOR FIXING RATE CONTRACT FOR SUPPLY OF
MICROPIPETTES TO VARIOUS GOVT. HOSPITALS
BID REFERENCE : 428/PIP/DPH/TNMSC/
ENGG/2019, DT.12.02.2019
DATE OF COMMENCEMENT OF SALE OF BIDDING DOCUMENT : 13.02.2019
LAST DATE FOR SALE OF BIDDING
DOCUMENT : 18.06.2019
LAST DATE AND TIME FOR
RECEIPT OF BIDS : 19.06.2019, 03.00 PM
TIME AND DATE OF OPENING
OF BIDS : 19.06.2019, 04.00 PM
PLACE OF OPENING OF BIDS : Tamilnadu Medical Services Corp. Ltd
417, Pantheon road,
Egmore,
Chennai 600 008.
ADDRESS FOR COMMUNICATION : Tamilnadu Medical Services Corp. Ltd
417, Pantheon road,
Egmore,
Chennai 600 008.
5
SECTION I : INVITATION FOR BIDS (IFB)
Sealed Tenders in duplicate will be received till 11.00 AM on 28.02.2019 by the
General Manager (Equip), Tamilnadu Medical Services Corp. Ltd., Chennai for
tender for fixing rate contract for supply of Micropipettes to various Govt.
Hospitals.
1. Interested eligible Bidders may obtain further information from the office of the
Tamilnadu Medical Services Corp. Ltd, 417, Pantheon Road, Egmore, Chennai 600 008.
Tamilnadu. India.
2. A complete set of bidding documents may be purchased by any interested eligible
bidder on submission of a written application to the above office and upon payment of a
non-refundable fee as indicated below in the form of a Demand Draft in favour of
Tamilnadu Medical Services Corp. Ltd., payable at Chennai.
3. The bidding document may be obtained from the office of Tamilnadu Medical
Services Corp. Ltd., 417, Pantheon Road, Egmore, Chennai – 600 008, during office
hours namely, from 10.00 hours to 17.00 hours on all working days either in person or
by post.
a) Date of commencement of
Sale of bidding document : 13.02.2019
b) Pre-bid meeting : 20.02.2019 at 12.00 Noon
c) Last date for sale of Bidding
Document : 18.06.2019
d) Last date and time for Receipt
of bids : 19.06.2019, 03.00 PM
e) Time and date of Opening
of Technical bids : 19.06.2019, 04.00 PM
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f) Place of opening of bids : Tamilnadu Medical Services
Corp. Ltd.,
417, Pantheon Road,
Egmore,
Chennai 600 008.
g) Address for communication : Tamilnadu Medical Services
Corp. Ltd.,
417, Pantheon Road,
Egmore,
Chennai 600 008.
4. The bidders, who have downloaded the bid documents, shall be solely responsible for
checking these websites for any addendum/amendment issued subsequently to the bid
document and take into consideration the same while preparing and submitting the bids.
5. All bids must be accompanied by a bid security as specified in the bid document and
must be delivered to the above office at the date and time indicated above.
6. Bids will be opened in the presence of Bidders’ representative who choose to attend
on the specified date and time.
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S ECTION II: INSTRUCTIONS TO BIDDERS
TABLE OF CLAUSES
CLAUSE NO. TOPIC NUMBER PAGE NO.
A. INTRODUCTION 10
1. Eligible Bidders 10
2. Cost of Bidding 10
B. BIDDING DOCUMENTS 10
3. Contents of Bidding Documents 10
4. Clarification of Bidding Documents 11
5. Amendment of Bidding Documents 11
C. PREPARATION OF BIDS 11
6. Language of Bid 12
7. Documents Comprising the Bid 12
8. Bid Form 12
9. Bid Prices 12
10. Bid Currencies 13
11. Documents Establishing Bidder’s Eligibility and
Qualifications
13
12. Documents Establishing Goods Conformity to Bid
Documents
14
13. Bid Security 15
14. Period of Validity of Bids 15
15. Format and Signing of Bid 16
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CLAUSE NO. TOPIC NUMBER PAGE NO.
D. SUBMISSION OF BIDS 17
16. Sealing and Marking of Bids 17
17. Deadline for Submission of Bids 17
18. Late Bids 18
19. Modification and withdrawal of Bids 18
E. BID OPENING AND EVALUATION 19
20. Opening of Bids 19
21. Clarification of Bids 19
22. Preliminary Examination 19
23. Evaluation and Comparison of Bids 20
24. Contacting the Purchaser 22
F. AWARD OF CONTRACT 23
25. Post-qualification 23
26. Award Criteria 23
27. Purchaser’s Right to Vary Quantities at Time of Award 23
28. Purchaser’s Right to Accept any Bid and Reject any or
all Bids
23
29. Notification of Award 23
30. Signing of Contract 24
31. Performance Security 24
32. Fraud and Corruption 24
33. Appeal 25
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A. INTRODUCTION
1. Eligible Bidders
Manufacturers or their authorised representatives / direct importers are eligible to
participate in this tender.
Bidders should not be associated, or have been associated in the past, directly or
indirectly, with a firm or any of its affiliates which have been engaged by the Purchaser
to provide consulting services for the preparation of the design, specifications, and other
documents to be used for the procurement of the goods to be purchased under this
Invitation of Bids.
The GST registered bidders are only eligible to participate in the tender.
Government-owned enterprises may participate only if they are legally and
financially autonomous, if they operate under commercial law, and if they are not a
dependent agency of the Purchaser.
2. Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of
its bid and Tamilnadu Medical Services Corp. Ltd., Chennai, hereinafter referred to as
“the Purchaser”, will in no case be responsible or liable for these costs, regardless of the
conduct or outcome of the bidding process.
B. THE BIDDING DOCUMENTS
3. Contents of Bidding Documents
The goods required, bidding procedures and contract terms are prescribed in the
Bidding documents. In addition to the Invitation for Bids, the Bidding Documents
include:
a. Instruction to Bidders (ITB);
b. General Conditions of Contract (GCC);
c. Special Conditions of Contract (SCC);
d. Schedule of Requirements;
e. Technical Specifications / Qualification criteria;
f. Bid Form and Price Schedules;
g. Bid Security form
h. Contract Form;
i. Performance Security Form;
j. Performance statement and
k. Manufacturer’s Authorisation Form
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The Bidder is expected to examine all instructions, forms, terms and
specifications in the Bidding Documents. Failure to furnish all information required by
the Bidding Documents or submission of a bid not substantially responsive to the Bidding
Documents in every respect will be at the Bidder’s risk and may result in rejection of its
bid.
4. Clarification of Bidding Documents
A prospective Bidder requiring any clarification of the Bidding Documents may
notify the Purchaser in writing or by telex or cable at the Purchaser’s mailing address
indicated in the Invitation for Bids. The Purchaser will respond in writing to any request
for clarification of the Bidding Documents which it receives not later than 7 days prior to
the deadline for submission of bids prescribed by the Purchaser. Written copies of the
Purchaser’s response (including an explanation of the query but without identifying the
source of inquiry) will be sent to all prospective Bidders which have received the bidding
documents.
Pre-Bid Meeting:
The bidder or his official representative is invited to attend a pre-bid meeting
which will take place at the office of Tamilnadu Medical Service Corporation
Limited, 417, Pantheon Road, Chennai –8, India. on 20.02.2019 at 11.00 AM.
The purpose of the meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.
The Bidder is requested to submit any questions in writing or by cable to reach
the Purchaser not later than 3 days before the meeting.
Minutes of the meeting, including the text of the questions raised (without
identifying the source of enquiry) and the responses given will be transmitted
without delay to all purchasers of the bidding documents.
Non-attendance at the pre-bid meeting will not be a cause for disqualification of a
bidder.
5. Amendment of Bidding Documents
At any time prior to the deadline for submission of bids, the Purchaser may, for
any reason, whether at its own initiative or in response to a clarification requested by a
prospective bidder, modify the Bidding Documents by an amendment.
All prospective bidders who have received the Bidding Documents will be
notified of the amendment in writing or by cable and will be binding on them.
In order to allow prospective bidders reasonable time in which to take the
amendment into account in preparing their bid, the Purchaser may, at its discretion,
extend the deadline for the submission of bids.
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C. PREPARATION OF BIDS
6. Language of Bid
The Bid prepared by the bidder and all correspondence and documents relating to
the bid exchanged by the Bidder and the Purchaser, shall be written in the English
language. Supporting documents and printed literature furnished by the Bidder may be
written in another language provided they are accompanied by an accurate translation of
the relevant passages in the English language in which case, for purposes of interpretation
of the Bid, the English translation shall govern.
7. Documents Comprising the Bid
The bid prepared by the Bidder shall comprise the following components:
(a) a Bid Form and Price Schedule completed in accordance with ITB Clauses
8, 9 and 10;
(b) documentary evidence established in accordance with ITB Clause 11 that
the Bidder is eligible to bid and is qualified to perform the contract if its bid is
accepted;
(c) documentary evidence established in accordance with ITB Clause 12 that
the goods and ancillary services to be supplied by the Bidder shall conform to the
Bidding Documents; and
(d) Bid Security furnished in accordance with ITB Clause 13.
8. Bid Form
The Bidder shall complete the Bid Form and the appropriate Price Schedule
furnished in the bidding documents, indicating for the goods to be supplied, a brief
description of the goods, their country of origin, quantity and prices.
9. Bid Prices
The Bidder shall indicate on the Price Schedule the unit prices and total Bid prices
of the goods it proposes to supply under the Contract.
Prices indicated on the Price Schedule shall be entered separately in the following
manner:
(i) The price of the goods, quoted ex-factory, ex-show-room, ex-warehouse,
or off-the-shelf, or delivered, as applicable, including all duties and sales and
other taxes already paid or payable:
a. on components and raw material use in the manufacture or
assembly of the goods quoted ex-factory; or
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b. on the previously imported goods of foreign origin quoted ex-
showroom, ex-warehouse or off-the-shelf.
(ii) any purchaser-country sales and other taxes which will be payable on the
goods if this contract is awarded;
(iii) charges for inland transportation, insurance and other local costs incidental
to delivery of the goods to their final destination; and
(iv) the cost of incidental services listed in Clause 7 of the Special Conditions
of Contract.
The Bidders separation of the price components in accordance with ITB Clause
9.2 above will be solely for the purpose of facilitating the comparison of bids by the
Purchaser and will not in any way limit the Purchaser’s right to contract on any of the
terms offered.
9.4 Fixed price: Prices quoted by the Bidder shall be fixed during the Bidder’s
performance of the contract and not subject to variation on any account. A bid submitted
with an adjustable price quotation will be treated as non-responsive and rejected,
pursuant to ITB Clause 22.
a) The bidder should furnish the CIF value of the imported
component with Customs duty separately in the price bid in addition to the
other breakup value for packaging & Forwarding, Inland transport,
Installation and commissioning and other incidental charges as specified in
SCC 7 under GCC 12
b) The bidders are advised to take in to consideration the savings available
due to abolition of CVD and SAD for imports now due to GST implementation, and
consider the benefits out of it as a reduction, while arriving at their bid price.
c) Similarly, the benefits that could be availed out of High Sea Sales/ Sales in
course of import should also be considered as a reduction while arriving at their bid
price.
10. Bid Currencies
Prices shall be quoted in Indian Rupees.
11. Documents establishing bidder’s eligibility and qualifications
Pursuant to ITB Clause 7, the bidder shall furnish, as part of its bid, documents
establishing the bidder’s eligibility to bid and its qualifications to perform the Contract if
its bid is accepted.
The documentary evidence of the Bidder’s qualifications to perform the Contract
if its bid is accepted, shall establish to the Purchaser’s satisfactions.
(a) that, in the case of a Bidder offering to supply goods under the contract
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duly authorized (as per authorization form in Section XI) by the goods
manufacturer or produce to supply the goods in India.
(b) that the bidder has the financial, technical and production capability
necessary to perform the Contract and meets the criteria outlined in the
qualification requirements specified in Section VI-A. To this end, all bids
submitted shall include the following information:
(i) The legal status, place of registration and principle place of
business of the company or firm or partnership, etc;
(ii) Details of experience and past performance of the bidder on
equipment offered and on those of similar nature within the past five years
and details of current contracts in hand and other commitments (suggested
proforma given in Section X)
The bidder should furnish the GST registration no. for supply and services
and the code no. for the goods quoted.
The bidder should furnish the details for Bank name, Branch name, Account
no., IFSC Code and a copy of cancelled cheque leaf.
12. Documents establishing goods conformity to bidding documents
Pursuant to ITB Clause 7, the Bidder shall furnish, as part of its bid, documents
establishing the conformity to the bidding documents of all goods and services which the
bidder proposes to supply under the contract.
The documentary evidence of conformity of the goods and services to the bidding
documents may be in the form of literature, drawings and data and shall consist of:
(a) a detailed description of the essential technical and performance
characteristics of the goods;
(b) a list giving full particulars, including available sources and current prices,
of all spare parts, special tools, etc., necessary for the proper and continued
functioning of the goods for a period of three years, following commencement of
the goods used by the Purchaser; and
(c) an item-by-item commentary on the Purchaser’s Technical Specifications
demonstrating substantial responsiveness of the goods and services to those
specifications or a statement of deviations and exceptions to the provisions of the
Technical Specifications.
For the purpose of the commentary to be furnished pursuant to ITB Clause
12.2 (c) above, the Bidder shall note that standards for workmanship, material and
equipments and references to brand names or catalogue numbers designated by the
Purchaser in its Technical Specifications are intended to be descriptive only and not
restrictive. The Bidder may substitute alternative standards, brand names and/or
catalogue numbers in its bid, provided that it demonstrates to the Purchaser’s satisfaction
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that the substitutes are substantially equivalent or superior to those designated in the
Technical Specifications.
13. Bid Security
Pursuant to ITB Clause 7, the Bidder shall furnish, as part of its bid, bid security
for the amount as indicated in Section V schedule of requirements.
The bid security is required to protect the Purchaser against risk of Bidders
conduct which would warrant the security’s forfeiture, pursuant to ITB Clause 13.7.
The bid security shall be in Indian Rupees and shall be in one of the following
forms :
a. Deleted
b. A Banker’s cheque, or demand draft obtained from any scheduled bank in
favour of TamilNadu Medical Services Corporation Limited, payable at Chennai.
The validity of the Demand Draft/Banker’s Cheque furnished for Bid Security
should be not less than 15 days.
Any bid not secured in accordance with ITB Clauses 13.1 and 13.3 above will be
rejected by the Purchaser as non-responsive, pursuant to ITB Clause 22.
Unsuccessful bidders bid security will be discharged/returned as promptly as
possible but not later than 30 days after the expiration of the period of bid validity
prescribed by the Purchaser, pursuant to ITB Clause 14.
The successful bidder's bid security will be discharged upon the bidders signing
the contract, pursuant to ITB Clause 30, and furnishing the security, pursuant to ITB
Clause 31.
The bid security may be forfeited:
(a) If a bidder withdraws its bid during the period of bid validity specified by
the Bidder on the Bid form;
(or)
(b) In case of a successful bidder, if the bidder fails:
(i) to sign the contract in accordance with ITB Clause 30; or
(ii) to furnish performance security in accordance with ITB Clause 31.
14. Period of Validity of Bids
Bids shall remain valid for 90 days after the date of bid opening prescribed by the
Purchaser, pursuant to ITB Clause 17. A bid valid for a shorter period may be rejected
by the Purchaser as non-responsive.
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In exceptional circumstances, the Purchaser may solicit the bidders consent to an
extension of the period of validity. The request and the responses thereto shall be made
in writing (or by cable or telex). The bid security provided under ITB Clause 13 shall be
suitably extended. A bidder may refuse the request without forfeiting its bid security. A
bidder granting the request is not required or permitted to modify its bid.
15. Format and Signing of Bid
The bidder shall prepare two copies of the bid clearly marking each “Original
Bid” and “Copy Bid” as appropriate. In the event of any discrepancy between them, the
original shall govern. The bidder shall prepare the bid technical bid (Cover A) and the
price bid (Cover B) and placed in separately sealed covers clearly marking “Technical
bid” and “Price bid” as appropriate.
The original and all copies of the bid shall be typed or written in indelible ink and
shall be signed by the Bidder or a person or persons duly authorised to bind the Bidder to
the Contract. The letter of authorisation shall be indicated by written power-of-attorney
accompanying the bid. All pages of the bid, except for unamended printed literature,
shall be initialed by the person or persons signing the bid.
Any interlineations, erasures or overwriting shall be valid only if they are initialed
by the person or persons signing the bid.
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D. SUBMISSION OF BIDS
16. Sealing and Marking of Bids
The bidder shall seal the “Technical bid” and “Price bid” in separate inner
envelopes only making the envelopes as “Technical bid” and Price bid”. Further the
bidders shall seal the original and a copy of the bid in separate inner envelopes duly
marking the envelopes as “Original Bid" and “Copy Bid". He shall then place these
two inner envelopes in an outer envelope.
The inner envelopes and outer envelopes and the cover shall be:
(a) addressed to the Purchaser at the following address:
Tamilnadu Medical Services Corp. Ltd.,
417, Pantheon Road,
Egmore,
Chennai 600 008.
(b) bear the project name, the invitation for bids (IFB) number and the words
“Do not open before 04.00 PM on 28.02.2019.
The inner envelopes shall indicate the name and address of the bidder to enable
the bid to be returned unopened in case it is declared “late”.
If the cover containing the outer envelope is not sealed and marked as required by
ITB Clause 16.2, the Purchaser will assume no responsibility for the bid’s misplacement
or premature opening.
Telex, cable or facsimile bids will be rejected.
17. Deadline for Submission of Bids
Bids must be received by the Purchaser at the address specified under ITB
Clause 16.2 not later than the time and date specified in the Invitation of Bids (Section I).
In the event of the specified date for the submission of bids being declared a holiday for
the Purchaser, the bids will be received up to the appointed time on the next working
day.
The Purchaser may, at its discretion, extend this deadline for submission of bids
by amending the bid documents in accordance with ITB Clause 5, in which case all rights
and obligations of the purchasers and bidders previously subject to the deadline will
thereafter be subject to the deadline as extended.
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18. Late Bids
Any bid received by the Purchaser after the deadline for submission of bids
prescribed by the Purchaser, pursuant to ITB Clause 17, will be rejected and/or returned
unopened to the Bidder.
19. Modification and Withdrawal of Bids
The bidder may modify or withdraw its bid after the bids submission, provided
that written notice of the modification or withdrawal is received by the Purchaser prior
to the deadline prescribed for submission of bids.
The bidders modification or withdrawal notice shall be prepared, sealed, marked
and dispatched in accordance with the provisions of ITB Clause 16. A withdrawal notice
may also be sent by telex or cable but followed by a signed confirmation copy, post
marked not later than the deadline for submission of bids.
No bid may be modified subsequent to the deadline for submission of bids.
No bid may be withdrawn in the interval between the deadline for submission of
bids and the expiration of the period of bid validity specified by the bidder on the bid
form. Withdrawal of a bid during this interval may result in the bidders forfeiture of its
bid security, pursuant to Clause 13.7
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E. BID OPENING AND EVALUATION
20. Opening of Bids by Purchaser
The Purchaser will open only the Technical bids (Cover A) of all bids, in the
presence of bidder's representatives who choose to attend, at 04.00 PM on 28.02.2019 at
the following location:
Tamilnadu Medical Services Corp. Ltd.,
417, Pantheon Road,
Egmore,
Chennai 600 008.
The bidder’s representatives who are present shall sign a register evidencing their
attendance. In the event of the specified date of bid opening being declared a
holiday for the Purchaser, the bids shall be opened at the appointed time and
location on the next working day.
The bidders names, modifications, bid withdrawals and the presence or absence of
the requisite bid security and such other details as the Purchaser, at its discretion, may
consider appropriate will be announced at the opening. No bid shall be rejected at bid
opening, except for late bids, which shall be returned unopened to the bidder pursuant to
ITB Clause 18.
The Purchaser will prepare minutes of the bid opening.
The “Price Bid” (Cover B) will be opened after evaluation of “Technical bids”
(Cover A) and the date and time will be intimated to bidders whose bids are responsive
and who are selected by the Purchaser.
21. Clarification of Bids
During evaluation of bids, the Purchaser may, at its discretion, ask the bidder for
clarification of its bid. The request for clarification and the response shall be in writing.
Unless the purchaser asks for change in price due to the clarifications sought the bidder is
not permitted to alter the price furnished in the “Price bid” “Cover B”. The change in
price shall be submitted in a separately sealed covers with marking in the cover
“supplemental price bid” before opening of the “original price bid”.
22. Preliminary Examination
The Purchaser will examine the bids to determine whether they are complete,
whether any computational errors have been made, whether required sureties have been
furnished, whether the documents have been properly signed, and whether the bids are
generally in order. Bids from Representatives, without proper authorisation from the
manufacturer as per Section XI, shall be treated as non-responsive.
20
Arithmetical errors will be rectified on the following basis. If there is a
discrepancy between the unit price and the total price that is obtained by multiplying the
unit price and quantity, the unit price shall prevail and the total price shall be corrected.
If the supplier does not accept the correction of errors, its bid will be rejected. If there is
a discrepancy between words and figures, the amount in words will prevail.
The Purchaser may waive any minor informality or non-conformity or
irregularity in a bid which does not constitute a material deviation, provided such a
waiver does not prejudice or affect the relative ranking of any bidder.
Prior to the detailed evaluation, pursuant to Clause ITB 23, the Purchaser will
determine the substantial responsiveness of each bid to the bidding documents. For
purposes of these clauses a substantially responsive bid is one which conforms to all the
terms and conditions of the bidding documents without material deviations. Deviations
from or objections or reservations to critical provisions such as those concerning
Performance Security (GCC Clause 6). Warranty (GCC Clause 14), Force Majeure
(GCC Clause 24), Applicable law (GCC Clause 29) and Taxes and Duties (GCC Clause
31) will be deemed to be material deviation. The purchasers determination of a bids
responsiveness is to be based on the contents of the bid itself without recourse to extrinsic
evidence.
A bid determined as not substantially responsive will be rejected by the
Purchaser and may not subsequently be made responsive by the bidder by correction of
non-conformity.
23. Evaluation and Comparison of Bids
The Purchaser will evaluate and compare bids previously determined to be
substantially responsive, pursuant to ITB Clause 22.
The purchasers evaluation of a bid will take into account, in addition to the bid
price (ex-factory/ex-warehouse/off-the-shelf price of the goods offered from within India,
such price to include all costs as well as duties and taxes paid or payable on components
and raw material incorporated or to be incorporated in the goods, and excise duty on the
finished goods, if payable) and price of incidental services, the following factors, in the
manner and to the extent indicated in ITB Clause 23.3 and in the technical specifications:
(a) i) cost of inland transportation, insurance and other costs within India
incidental to the delivery of goods to their final destination;
ii). Deleted
(b) delivery schedule offered in the bid;
(c) deviations in payment schedule from that specified in the special
conditions of contract
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(d) the availability in India of spare parts and after-sales services for the
equipment offered in the bid.
i) Manufacturer Bidders :-
a. An undertaking for the uninterrupted supply of adequate spares for
atleast a period of 10 years shall be furnished.
b. Availability/ establishment of after sales service facility atleast in 4
regions of Tamil Nadu to ensure uninterrupted after sales service
during warranty and maintenance period shall be confirmed. The
details of service facility available / proposed to be set up shall be
furnished in their bid.
ii) Non-Manufacturer Bidder:-
a. The bidder shall furnish an undertaking for the uninterrupted supply of
adequate spares for atleast a period of 10 years with the backup
undertaking from their manufacturer.
b. Availability/ establishment of after sales service facility atleast in 4
regions of Tamil Nadu to ensure uninterrupted after sales service
during warranty and maintenance period shall be confirmed. The
details of service facility available / proposed to be set up shall be
furnished in their bid.
Pursuant to ITB Clause 23.2 the following evaluation methods will be applied:
(a) Inland transportation, ex-factory/ from port-of-entry, insurance and
incidentals.
(i) Inland transportation, insurance and other incidentals, for delivery of
goods to the project site as stated in ITB Clause 9.2 (iii).
The above costs will also be added to the bid price.
(b) Delivery schedule:
The Purchaser desires to have delivery of the goods covered under the
invitation, at the time specified in the schedule of requirements. The
estimated time of the arrival of the goods at the project site should be
calculated for each bid after allowing for reasonable transportation time.
Treating the bid offering the scheduled time of arrival as the base, a
delivery “adjustment” will be calculated for other bids at 2% of the ex-
factory price for each month of delay beyond the base and this will be
added to the bid price for evaluation. No credit will be given to earlier
deliveries and bids offering delivery beyond 2 months of stipulated
delivery will be treated as unresponsive.
22
(c) Deviation in Payment Schedule:
The special conditions of contract indicate the payment schedule offered
by the Purchaser. If a bid deviates from the schedule and if such
deviation is considered acceptable to the Purchaser, the bid will be
evaluated by calculating interest earned for any earlier payments involved
in the terms outlined in the bid as compared to those stipulated in this
invitation at a rate of 12% per annum.
(d) Spare parts and after sales service facilities in India:
The cost of the Purchaser of establishing the minimum service facilities
and parts inventories, as outlined elsewhere in the bid invitation, if quoted
separately, shall be added to the bid price.
(e) Annual Maintenance Contract (AMC):
i. Deleted
24. Contacting the purchaser
Subject to ITB Clause 21, no bidder shall contact the Purchaser on any matter
relating to its bid, from the time of bid opening to the time the contract is awarded.
Any effort by a bidder to influence the Purchaser in the Purchaser’s bid
evaluation, bid comparison or contract award decisions may result in rejection of the
bidders bid.
The bidders shall not make attempts to establish unsolicited and unauthorized
contact with the Tender accepting authority, Tender Inviting Authority or Tender
Scrutiny Committee after opening of the bids and prior to the notification of award and
any attempt by any bidder to bring to bear extraneous pressures on the Tender Accepting
Authority bidder shall be sufficient reason to disqualify the bidder.
Notwithstanding anything contained in clause 24.3 above pursuant to ITB clause
21, the Tender Inviting Authority or the Tender Accepting Authority, may seek bona fide
clarifications from bidders relating to the bids submitted by them during the evaluation of
bids.
23
F. AWARD OF CONTRACT
25. Post Qualification
In the absence of pre-qualification, the Purchaser will determine to its
satisfaction whether the bidder that is selected as having submitted the lowest evaluated
responsive bid meets the criteria specified in ITB Clause 11.2 (b) and is qualified to
perform the contract satisfactorily.
The determination will take into account the bidders financial, technical and
production capabilities. It will be based upon an examination of the documentary
evidence of the bidders qualifications submitted by the bidder, pursuant to ITB Clause 11
as well as such other information as the Purchaser deems necessary and appropriate.
An affirmative determination will be a prerequisite for award of the contract to
the bidder. A negative determination will result in rejection of the bidders bid, in which
event the Purchaser will proceed to the next lowest evaluated bid to make a similar
determination of that bidders capabilities to perform satisfactorily.
26. Award Criteria
Subject to ITB Clause 28, the Purchaser will award the contract to the successful
bidder whose bid has been determined to be substantially responsive and has been
determined as the lowest evaluated bid, provided further that the bidder is determined to
be qualified to perform the contract satisfactorily.
27. Purchaser’s right to vary quantities at time of award
The Purchaser reserves the right at the time of award of contract to increase or
decrease the quantity of goods and services originally specified in the schedule of
requirements without any change in unit price or other terms and conditions.
28. Purchaser’s right to accept any bid and to reject any or all bids
The Purchaser reserves the right to accept or reject any bid, and to annul the
bidding process and reject all bids at any time prior to award of contract, without thereby
incurring any liability to the affected bidder or bidders or any obligation to inform the
affected bidder or bidders of the grounds for the purchasers action.
29. Notification of Award
Prior to the expiration of the period of bid validity, the Purchaser will notify the
successful bidder in writing by registered letter or by cable or telex, to be confirmed, that
its bid had been accepted.
The notification of award will constitute the formation of the contract.
24
Upon the successful bidders furnishing of performance security pursuant to ITB
Clause 31, the Purchaser will promptly notify each unsuccessful bidder and will
discharge its bid security, pursuant to ITB Clause 13.
30. Signing of Contract
At the same time as the Purchaser notifies the successful bidder that its bid has
been accepted, the Purchaser will send the bidder the contract form provided in the
bidding documents, incorporating all agreements between the parties.
Deleted
31. Performance Security
Within 7 days of the receipt of notification of award from the Purchaser, the
successful bidder shall furnish the performance security in accordance with the
conditions of contract, in the performance security form provided in the bidding
documents or in another form acceptable to the Purchaser.
Failure of the successful bidder to comply with the requirement of ITB Clause 30
or ITB Clause 31 shall constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security, in which event the Purchaser may make the award to the
next lowest evaluated bidder or call for new bids.
32. Fraud and corruption
It is purchaser’s policy to require that the bidders, suppliers and contractors and
their subcontractor observe the highest standard of ethics during the procurement
and execution of such contracts.1 In pursuance of this policy, the purchasers;
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice”2 is the offering, giving, receiving or soliciting,
directly or indirectly, of anything of value to influence improperly the
actions of another party;
(ii) “fraudulent practice”3 is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or attempts to
1 In this context, any action taken by a bidder, supplier, contractor, or a sub-contractor to influence the
procurement process or contract execution for undue advantage is improper. 2
“another party” refers to a public official acting in relation to the procurement process or contract
execution]. In this context, “public official” includes staff and employees of other organizations
taking or reviewing procurement decisions. 3
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement
process or contract execution; and the “act or omission” is intended to influence the procurement
process or contract execution.
25
mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
(iii) “collusive practice”4 is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
(iv) “coercive practice”5 is impairing or harming, or threatening to impair
or harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false statements to
investigators in order to materially impede a investigation into
allegations of a corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the purchaser’s
inspection and audit rights provided for under sub-clause 32 (e)
below.
(b) will reject a proposal for award if it determines that the bidder considered for
award has, directly or through an agent, engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for the contract in
question;
(c) will cancel the contract if the purchaser determines at any time that the
bidder, supplier and contractors and their sub contractors engaged in
corrupt, fraudulent, collusive, or coercive practices.
(d) will sanction a firm or individual, including declaring ineligible, either
indefinitely or for a stated period of time, to be awarded a contract if it at any
time determines that the firm has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive or obstructive practices in competing
for, or in executing, a contract; and
(e) will have the right to inspect the accounts and records of the bidders, supplier,
and contractors and their subcontractors and to have them audited by auditors
appointed by the purchaser.
Furthermore, Bidders shall be aware of the provision stated in Sub Clause 32 of the
General Conditions of Contract.
33. Appeal
4 “parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels. 5
a “party” refers to a participant in the procurement process or contract execution.
26
This tender is governed by the provisions of Tamilnadu Transparency in Tenders
Act 1998 and the Rules there under.
32.2 Any tenderer aggrieved by the order passed by the Tender Accepting Authority
under section 10 of the said Act, may appeal to the Government within ten days
from the date of receipt of order and the Government shall dispose the appeal
within fifteen days from the date of receipt.
33.3 No Appeal shall be preferred while the tender is in process until tender is finalized
and Notification of award as stated ITB in clause 29 is completed by the
purchaser.
28
SECTION III: GENERAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Clause No. Topic Page No.
1. Definitions 29 2. Application 29
3. Standards 29
4. Use of Contract Documents and Information 30
5. Patent Rights 30
6. Performance Security 30
7. Inspection and Tests 31
8. Packing 32
9. Delivery and Documents 32
10. Insurance 32
11. Transportation 32
12. Incidental Services 32
13. Spare Parts 33
14. Warranty 33
15. Payment 34
16. Prices 34
17. Change Orders 35
18. Contract Amendments 35
19. Assignment 35
20. Subcontracts 35
21. Delays in Supplier’s Performance 35
22. Liquidated Damages 36
23. Termination for Default 36
24. Force Majeure 37
25. Termination for Insolvency 37
26. Termination for Convenience 37
27. Resolution of Disputes 38
28. Governing Language 38
29. Applicable Law 38
30. Notices 38
31. Taxes and Duties 39
32. Fraud and corruption 39
29
G ENERAL CONDITIONS OF CONTRACT
1. Definitions
In this contract the following terms shall be interpreted as indicated:
(a) “The Contract” means the agreement entered into between the Purchaser
and the Supplier as recorded in the Contract Form signed by the parties, including
all the attachments and appendices thereto and all documents incorporated by
reference therein;
(b) “The Contract Price” means the price payable to the Supplier under the
Contract for the full and proper performance of its contractual obligations;
(c) “The Goods” means all the equipment, machinery, and/or other materials
which the Supplier is required to supply to the Purchaser under the Contract;
(d) “Services” means services ancillary to the supply of the Goods, such as
transportation and insurance, and other incidental services, such as installation,
commissioning, provision of technical assistance, training and other obligations of
the Supplier covered under the contract;
(e) “GCC” means the General Conditions of Contract contained in this
section.
(f) “SCC” means the Special Conditions of Contract.
(g) “The Purchaser” means the Organisation purchasing the Goods, as named
in SCC;
(h) “The Supplier” means the individual or firm supplying the Goods under
this Contract;
(i) “The Project Site”, where applicable means the place or places named in
SCC.
(j) “Day” means calendar day.
(k) “Delivery period” means the period applicable upto completion of supply,
installation, testing and commissioning of the equipment by the supplier at the
Project site and accepted by the Purchaser.
2. Application
These General Conditions shall apply to the extent that they are not superseded by
provisions in other parts of the Contract.
3. Standards
The Goods supplied under this Contract shall conform to the standards mentioned
in the Technical Specifications, and, when no applicable standard is mentioned, to the
authoritative standard appropriate to the Goods country or origin and such standards shall
be the latest issued by the concerned institution.
30
4. Use of Contract Documents and Information
The Supplier shall not, without the Purchaser’s prior written consent,
disclose the Contract, or any provision thereof, or any specification, plan,
drawing, pattern, sample or information furnished by or on behalf of the
Purchaser in connection therewith, to any person other than a person employed
by the Supplier in performance of the Contract. Disclosure to any such employed
person shall be made in confidence and shall extend only so far as may be
necessary for purposes of such performance.
The Supplier shall not, without the Purchaser’s prior written consent, make use
of any document or information enumerated in GCC Clause 4.1 except for purposes
of performing the Contract.
Any document, other than the Contract itself, enumerated in GCC clause 4.1 shall
remain the property of the Purchaser and shall be returned (in all copies) to the
Purchaser on completion of the supplier’s performance under the Contract if so
required by the Purchaser.
5. Patent Rights
The Supplier shall indemnify the Purchaser against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use of the
Goods or any part thereof in India.
6
Performance Security
Within 7 days after the Supplier’s receipt of notification of award of the Contract,
the Supplier shall furnish performance security to the Purchaser in the amount
specified in the Special Conditions of Contract.
The proceeds of the performance security shall be payable to the Purchaser as
compensation for any loss resulting from the Supplier’s failure to complete its
obligations under the Contract.
The Performance Security shall be denominated in India Rupees and shall be in
one of the following forms:
(a) A Bank guarantee issued by a nationalized/ scheduled bank located in
India and in the form provided in the bidding Documents or any other
form acceptable to the Purchaser; or
31
(b) A cashier’s cheque, certified cheque, or demand draft.
The performance security will be discharged by the Purchaser and
returned to the Supplier not later than 30 days following the date of completion of
the Supplier’s performance obligations, including any warranty obligations,
unless specified otherwise in SCC
7. Inspection and Tests
The Purchaser or its representative shall have the right to inspect and/or to test
the Goods to confirm their conformity to the Contract at no extra cost of the
Purchaser. The Special conditions of Contract and/or the Technical Specifications
shall specify what inspections and tests the Purchaser requires and where they are to
be conducted. The Purchaser shall notify the Supplier in writing of the identity of
any representatives retained for these purposes.
The inspections and test may be conducted on the premises of the Supplier or its
subcontractor(s), at point of delivery and/or at the Goods final destination. Where
conducted on the premises of the Supplier or its subcontractor(s), all reasonable
facilities and assistance including access to drawings and production data - shall be
furnished to the inspectors at no charge to the Purchaser.
Should any inspected or tested Goods fail to conform to the specifications, the
Purchaser may reject them and the Supplier shall either replace the rejected Goods or
make all alternations necessary to meet specification requirements free of cost to the
Purchaser.
The Purchasers right to inspect, test and, where necessary, reject the Goods’
arrival in at site shall in no way be limited or waived by reason of the Goods having
previously been inspected, tested and passed by the Purchaser or its representative
prior to the Goods despatched.
Nothing in GCC Clause 7 shall in any way release the Supplier from any warranty
or other obligations under this Contract.
Inspection and Audit
(i) The supplier shall permit the purchaser and or persons appointed by the
purchaser to inspect the supplier’s office and / or the accounts and
records of the suppliers and its sub contractors relating to the performance
of the contract, and to have such accounts and records audited by
auditors appointed by the purchaser if required.
The Supplier’s attention is drawn to Clause 32, which provides, inter alia,
that acts intended to materially impede the exercise of the purchaser
32
inspection and audit rights provided for under Sub-Clause 7.6 (i)
constitute a prohibited practice subject to contract termination
8. Packing
The Supplier shall provide such packing of the Goods as is required to prevent
their damage or deterioration during transit to their final destination as indicated in
the Contract. The packing shall be sufficient to withstand, without limitation, rough
handling during transit and exposure to extreme temperatures, salt and precipitation
during transit and open storage. Packing case size and weights shall take into
consideration, Where appropriate, the remoteness of the Goods final destination and
the absence of heavy handling facilities at all points in transit.
The packing, marking and documentation within and outside the packages shall
comply strictly with such special requirements as shall be provided for in the Contract
including additional requirements, if any, specified in SCC and in any subsequent
instructions ordered by the Purchaser.
9. Delivery and Documents
Delivery of the Goods shall be made by the Supplier in accordance with the terms
specified by the Purchaser in the Notification of Award. The details of despatching
and/or other documents to be furnished by the supplier are specified in SCC.
10. Insurance
The Goods Supplied under the Contract shall be fully insured in Indian
Rupees against the loss or damage incidental to manufacture or acquisition,
transportation, storage and delivery in the manner specified in the Special Conditions
of Contract.
11. Transportation
Where the Supplier is required under the Contract to transport the Goods
to a specified place of destination within the India defined as Project site, transport to
such place of destination in India insurance, as shall be specified in the Contract, shall
be arranged by the Supplier, and the related cost shall be included in the Contract
Price.
12. Incidental Services
The supplier may be required to provide any or all of the following
services, including additional services, if any, specified in SCC:
33
Performance or supervision of the on-site assembly and/or start-up of the supplied
Goods;
furnishing of tools required for assembly and/or maintenance of the supplied Goods;
furnishing of detailed operations and maintenance manual for each appropriate
unit of supplied Goods.
performance or supervision or maintenance and/or repair of the supplied Goods,
for a period of time agreed by the parties, provided that this service shall not
relieve the Supplier of any warranty obligations under this Contract; and
(e) training of the Purchaser’s Personnel, at the Supplier’s plant and/or on-
site, in assembly, start-up, operation, maintenance and/or repair of the
supplied Goods.
Prices charged by the Supplier for incidental services, if not included in
the contract Price of the Goods, shall be agreed upon in advance by the parties and
shall not exceed the prevailing rates charged to other parties by the Supplier for
similar services.
13. Spare Parts
As specified in the Special Conditions of Contract, the Supplier may be
required to provide any or all of the following materials and notifications and
information pertaining to spare parts manufactured or distributed by the Supplier:
(a) Such spare parts as the Purchaser may elect to purchase from the
Supplier, providing that this election shall not relieve the Supplier of any warranty
obligations under the Contract; and
(b) In the event of termination of production of the spare parts:
(i) advance notification to the Purchaser of the pending termination,
in sufficient time to permit the Purchaser to procure needed
requirements; and
(ii) following such termination, furnishing at no cost to the Purchaser,
the blueprints, drawings and specifications of the spare parts, if and
when requested.
14. Warranty
The Supplier warrants that the Goods supplied under this Contract are
new, unused, of the most recent or current models and incorporate all recent
improvements in design and materials unless provided otherwise in the Contract. The
supplier further warrants that the Goods supplied under this Contract shall have no
defect arising from design, materials or workmanship (except when the design and/or
material is required by the Purchaser’s specifications) or from any act or omission of
34
the Supplier, that may develop under normal use of the supplied Goods in conditions
obtaining in the country of final destination.
This warranty shall remain valid for 3 years after the Goods or any portion thereof
as the case may be, have been delivered to and accepted at the final destination
indicated in the Contract.
The Purchaser shall promptly notify the supplier in writing of any claims arising
under this warranty.
Upon receipt of such notice , the Supplier shall, within the period specified
in SCC and with all reasonable speed, repair or replace the defective Goods or parts
thereof, without cost to the Purchaser.
If the Supplier, having been notified, fails to remedy the defect(s) within the
period specified in SCC within a reasonable period, the Purchaser may proceed
to take such remedial action as may be necessary, at the Supplier’s risk and
expense and without prejudice to any other rights which the Purchaser may have
against the Supplier under the contract.
15. Payment
The method and conditions of payment to be made to the Supplier under the
Contract shall be specified in the Special Conditions of Contract.
The Suppliers request(s) for payment shall be made to the Purchaser in writing,
accompanied by an invoice describing, as appropriate, the Goods delivered and
the services performed, and by documents, submitted pursuant to GCC Clause 9,
and upon fulfillment of other obligations stipulated in the contract.
Payment shall be made promptly by the Purchaser but in no case later than sixty
(60) days after submission of the invoice/claim by the Supplier.
Payment shall be made in Indian Rupees
35
16. Prices
Prices charged by the Supplier for Goods delivered and Services performed under the
Contract shall not vary from the prices quoted by the Supplier in its bid, with the
exception of any prices adjustments authorized in the special Conditions of Contract or in
the Purchaser’s request for bid validity extensions, as the case may be.
17. Change Orders
The Purchaser may at any time by written order given to the Supplier
pursuant to GCC Clause 30, make changes within the general scope of the Contract in
any one or more of the following:
(a) drawings, designs or specifications, where Goods to be furnished under
the Contract are to be specifically manufactured for the Purchaser;
(b) the method of shipping or packing
(c) the place of delivery; or
(d) the services to be provided by the Supplier.
If any such changes causes an increase or decrease in the cost of, or the
time required for, the Supplier’s performance of any provisions under the Contract, an
equitable adjustment shall be made in the Contract Price or delivery schedule, or
both, and the Contract shall accordingly be amended. Any claims by the Supplier for
adjustment under this clause must be asserted within thirty (30) days from the date of
the Supplier’s receipt of the Purchaser’s change order.
18. Contract Amendments
Subject to GCC Clause 17, no variation in or modification of the terms of
the Contract shall be made except by written amendment signed by the parties.
19. Assignment
The Supplier shall not assign, in whole or in part, its obligations to
perform under the contract, except with the Purchaser’s prior written consent.
20. Subcontracts
The supplier shall notify the Purchaser in writing of all subcontracts
awarded under the contract if not already specified in his bid. Such notification, in
36
his original bid or later, shall not relieve the Supplier from any liability or obligation
under the contract.
21. Delays in the Supplier’s Performance
Delivery of the Goods and performance of the Services shall be made by the
Supplier in accordance with the time schedule specified by the Purchaser in its
Schedule of Requirements.
If at any time during the performance of the Contract, the Supplier or its
subcontractor(s) should encounter conditions impeding timely delivery of the
goods and performance of the Services, the Supplier shall promptly notify the
Purchaser in writing of the fact of the delay, its likely duration and its cause(s).
As soon as practicable after receipt of the Supplier’s notice, the Purchaser shall
evaluate the situation and may at its discretion extend the Supplier’s time for
performance with or without liquidated damages, in which case the extension
shall be ratified by the parties by amendment of the Contract.
Except as provided under GCC Clause 24, a delay by the Supplier in the
performance of its delivery obligation shall render the supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 22, unless any
extension of time is agreed upon pursuant to GCC clause 21.2 without the
application of liquidated damages.
22. Liquidated Damages
Subject to GCC Clause 24, if the Supplier fails to deliver any or all of the Goods
or to perform the Services within the period(s) specified in the Contract, the
Purchaser shall, without prejudice to its other remedies under the Contract,
deduct from the Contract Price, as liquidated damages, a sum equivalent to the
percentage specified in SCC of the delivered price of the delayed Goods or
unperformed Services for each week or part thereof of delay until actual delivery
or performance, up to a maximum deduction of the percentage specified in the
SCC. Once the maximum is reached, the Purchaser may consider termination of
the Contract pursuant to GCC Clause 23.
23. Termination for Default
(a) The Purchaser may, without prejudice to any other remedy for breach of
contract, by written notice of default sent to the supplier, terminate the Contract in
whole or part;
(i) if the Supplier fails to deliver any or all of the goods within the time
period(s) specified in the Contract, or within any extension thereof
granted by the Purchaser pursuant to clause 21; or
37
(ii) if the Supplier fails to perform any other obligation(s) under the
Contract; or
(iii) if the supplier, in the judgment of the Purchaser, has engaged in
fraud and corruption, as defined in GCC clause 32, in competing for or
in executing the contract.
(b) In the event the Purchaser terminates the Contract in whole or in part,
pursuant to GCC Clause 23.1(a), the Purchaser may procure, upon such terms
and in such manner as it deems appropriate, Goods or Services similar to those
undelivered, and the Supplier shall be liable to the Purchaser for any additional
costs for such similar Goods. However, the Supplier shall continue the
performance of the Contract to the extent not terminated.
24. Termination for Insolvency
(a) The Purchaser may at any time terminate the Contract by giving written notice to
the Supplier, if the Supplier becomes bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the Supplier, provided that
such termination will not prejudice or affect any right of action or remedy that
has accrued or will accrue thereafter to the Purchaser.
25. Termination for Convenience
(a) The Purchaser, may by written notice sent to the Supplier, may terminate the
Contract, in whole or in part, at any time for its convenience. The notice of
termination shall specify that termination is for the Purchaser’s convenience, the
extent to which performance of work under the Contract is terminated, and the
date upon which such termination becomes effective.
(b) The Goods that are complete and ready for shipment within 30days after the
Supplier’s receipt of notice of termination shall be accepted by the Purchaser at
the Contract terms and prices. For the remaining Goods, the Purchaser may
elect.
(i) to have any portion completed and delivered at the Contract terms and prices; and
/or
(ii) to cancel the remainder and pay to the Supplier an agreed amount for partially
completed Goods and for materials and parts previously procured by the
Supplier.
38
26. Force Majeure
Notwithstanding the provisions of GCC Clauses 21,22,23, the Supplier shall not
be liable for forfeiture of its performance security, liquidation damages or
termination for default, if and to the extent that, its delay in performance or other
failure to perform its obligations under the Contract is the result of an event of
Force Majeure.
For purposes of this Clause “Force Majeure” means an event beyond the control
of the Supplier and not involving the Supplier’s fault or negligence and not
foreseeable. Such events may include, but are not limited to, acts of the
Purchaser either in its sovereign or contractual capacity, wars or revolutions,
fires, floods, epidemics, quarantine restrictions and freight embargoes.
If a Force Majeure situation arises, the Supplier shall promptly notify the
Purchaser in writing of such conditions and the cause thereof. Unless otherwise
directed by the Purchaser in writing, the Supplier shall continue to perform its
obligations under the Contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the force majeure
event.
27. Resolution of Disputes
The Purchaser and the supplier shall make every effort to resolve
amicably by direct informal negotiation any disagreement or dispute arising between
them under or in connection with the Contract.
If, after thirty (30) days from the commencement of such informal
negotiations, the Purchaser and the Supplier have been unable to resolve amicably a
Contract dispute, either party may require that the dispute be referred for resolution to
the formal mechanisms specified in the Special Conditions of Contract. These
mechanisms may include, but or not limited to, conciliation mediated by a third Party,
adjudication in an agreed national forum, and national arbitration.
28. Governing Language
The contract shall be written in English language. Subject to Clause 29,
English language version of the Contract shall govern its interpretation. All
correspondence and documents pertaining to the Contract which are exchanged by the
parties shall be written in the same language.
39
29. Applicable Law
The Contract shall be interpreted in accordance with the laws of the Union of
India.
30. Notices
Any notice given by one party to the other pursuant to this Contract shall
be sent to other party in writing or by cable, telex or fascimile and confirmed in
writing to the other Party’s address specified in Special Conditions of Contract.
31.2 A notice shall be effective when delivered or on the notice’s effective
date, whichever is later.
31. Taxes and Duties
Suppliers shall be entirely responsible for all taxes, duties, license fees,
octroi, road permits, etc., incurred until delivery of the contracted Goods to the
Purchaser. However, Sales tax in respect of the transaction between the Purchaser
and the Supplier shall be payable extra, if so stipulated in the Notification of Award.
32. Fraud and corruption
If the Purchaser determines that the Supplier has engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices, in competing for or in executing the
Contract, then the Purchaser may, after giving 7 days notice to the Supplier,
terminate the Supplier's employment under the Contract and cancel the contract,
and the provisions of Clause 23 shall apply as if such termination had been made
under clause 23.
(a) For the purposes of this Sub-Clause:
(i) “corrupt practice” is the offering, giving, receiving or soliciting,
directly or indirectly, of anything of value to influence improperly the
actions of another party;
(ii) “fraudulent practice” is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or attempts
to mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
(iii) “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
40
(iv) “coercive practice” is impairing or harming, or threatening to impair
or harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede a
purchaser investigation into allegations of a corrupt, fraudulent,
coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from
pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the
purchaser’s inspection and audit rights provided for under
Clause 11 [Inspections and Audits by the Bank].
Notwithstanding the clause 32 above, Should any employee of the Supplier be
determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practice during the purchase of the Goods, then that employee shall be removed.
42
SECTION IV: SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
(The corresponding Clause number of the General Conditions is in parentheses)
Clause
Number
Topic Page
Number
1. Definitions (Clause 1) 43
2. Performance Security (Clause 6) 43
Inspection and Tests (Clause 7) 44
3.
4. Packing (Clause 8) 44
5. Delivery and Documents (clause 9) 44
6. Insurance (Clause 10) 45
7. Incidental Services (Clause 12) 45
8. Spare Parts (Clause 13) 45
9. Warranty (Clause 14) 45
10. Payment (Clause 15) 46
11. Prices (Clause 16) 46
12. Sub Contract (Clause 20) 46
13. Liquidated Damages (Clause 22) 46
14. Resolution of Disputes (Clause 27) 47
15. Notices (Clause 30) 47
16. Annual Maintenance Contract 48
17. Enclosures to Bid 48
43
S PECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract shall supplement the General Conditions of
Contract. Whenever there is a conflict, the provisions herein shall prevail over those in
the General Conditions of contract. The Corresponding clause number of the General
Conditions is indicated in parentheses.
1. Definitions(GCC Clause 1)
(a) The Purchaser is Tamilnadu Medical Services Corp. Ltd., Chennai.
(b) The Supplier is....................................................
(c) Project site is the place(s) mentioned in the Schedule of Requirements
2. Performance Security (GCC Clause 6)
Substitute Clause 6.1 of GCC by the following:
Within 7 days after the supplier’s receipt of Notification of Award, the supplier
shall furnish performance security to the Purchaser for an amount of 5% of the
contract value valid upto 60 days after the date of completion of performance
obligations including the warranty obligations.
Substitute Clause 6.3 (b) of GCC by the following:
A cashier’s cheque or banker’s certified cheque or crossed demand draft or pay
order drawn in favour of the Purchaser.
Substitute Clause 6.4 of the GCC by the following:
The Performance Security will be discharged by the Purchaser and returned to
the Supplier not later than 60 days following the date of completion of the
Supplier’s performance obligations, including the warranty obligations, under the
Contract.
Add Clause 6.5 to the GCC of the following:
In the event of any contract amendment, the supplier shall, within 7 days of
receipt of such amendment, furnish the amendment to the Performance Security,
rendering the same valid for the duration of the Contract, as amended for further
period of 60 days thereafter.
3. Inspection and Tests (GCC Clause 7)
44
The following inspection procedures and tests are required by the Purchaser;
The supplier shall get each equipment inspected in manufacturer’s works
and submit a test certificate and also guarantee/warranty certificate that the
equipment conforms to laid down specifications.
The Purchaser or its representative shall inspect and/or test any or all the
equipment to confirm their conformity to the Contract specifications, prior
to despatch from the manufacturer’s premises. Such inspection and
clearance will not prejudice the right of the consignee to inspect and test
the equipment on receipt at destination.
If the equipment fails to meet the laid down specifications the supplier
shall take immediate steps to remedy the deficiency or replace the
defective equipment to the satisfaction of the Purchaser.
4. Packing (GCC Clause 8)
Add as Clause 8.3 of the GCC the following:
P acking Instruction: The Supplier will be required to mark separate packages for
each consignee. Each package will be marked on three sides with proper
paint/indelible ink, the following:
i) Project
ii) Contract No.
iii) Supplier’s Name
iv) Packing list reference number
5. Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods, the Supplier shall notify the Purchaser and the
Insurance Company by cable or Telex or fax the full details of shipment including
the Contract number, railway receipt number and date, description of Goods,
quantity, names of the consignee etc.
The Supplier shall mail the following documents to the Purchaser, with a copy to
the Insurance Company.
(i) Three Copies of Supplier invoice (in duplicate) showing Goods
description, quantity, unit price, total amount;
(ii) Railway receipt/acknowledgment of receipt of goods from the
Consignee(s)
(iii) Insurance Certificate;
45
(iv) Manufacturer’s/ Supplier’s warranty and test Certificate;
(v) Inspection Certificate issued by the nominated inspection agency, and the
Supplier’s factory inspection report;
The above documents shall be received by the Purchaser before arrival of Goods
(except where the Goods have been delivered directly to the Consignee with all
documents) and, if not received, the supplier will be responsible for any
consequent expenses.
6. Insurance (GCC Clause 10)
For delivery of goods at site, the insurance shall be obtained by the Supplier in an
amount equal to 110% of the value of the goods from “Warehouse to Warehouse”
(Final destinations) on “All Risks” basis including War Risks and Strike.
7. Incidental Service (GCC Clause 12)
The following services covered under Clause 12 shall be furnished and the cost
shall be included in the contract price:
(a) Unloading, safe storage and handling of consignment of site.
(b) On site assembly if any of the supplied goods, installation, testing and
commissioning of the equipment.
(c) Furnishing of detailed operations and maintenance manual for each
appropriate unit of supplied Goods;
8. Spare parts (GCC Clause 13)
Add as Clause 13.2 to the GCC the following:
Supplier shall carry sufficient inventories to assure ex-stock supply of consumable
spares for the Goods. Other main spare parts and components shall be supplied as
promptly as possible but in any case within one week of placement of order.
9. Warranty (GCC Clause 14)
Substitute GCC Clause 14.2 by the following:-
This warranty shall remain valid for 3 years after goods or any portion thereof as
the case may be, have been delivered to and accepted at the final destination
indicated in the contract.
The Supplier shall, in addition, comply with the performance and/ or
consumption guarantees specified under the contract. If for reasons attributable to
the Supplier,
46
these guarantees are not attained in whole or in part, the Supplier shall at its
discretion either:
(a) make such changes, modifications, and/or additions to the Goods or any
part thereof as may be necessary in order to attain the contractual
guarantees specified in the Contract at its own cost and expense and to
carry out further performance tests in accordance with SCC 3:
10. Payment (GCC Clause 15)
Payment for Goods and Services shall be made in Indian Rupees as follows:
(i) No advance payment is payable.
(ii) 100% payment will be made against supply and installation of the
equipments at the respective sites against certification along with
necessary stock entry bills from the respective consignee.
a) If there is a delay in installation of the equipment due to reasons not attributable to
the supplier such as non readiness of site, 50% of the supply value will be released
against supply and p rovisional stock entry certificate from the consignee / end user.
b) If there is no situation such as non availability of site etc., and installation is taken up
by the supplier immediately after supply, 50% of the supply value will be paid against
supply and certificate for receipt of the item in good condition and a provisional
stock e ntry certificate, from the consignee / end user.
c) On completion of installation, another 20% is payable against installation certificate
issued by the end user.
d) The final 30% will be paid after receipt of proper stock entry certificate from the end
user.
e) For items ordered in bulk quantities, the first payment will be released only after
supply / installation of atleast 20% of the ordered quantity or Rs.25.00 lakhs
whichever is less.
f) If the price includes customs duty, relevant documentary evidence for import of the
equipment / goods (Bill of lading / Airwary Bill, Bill of entry and invoice copy) and
proof for payment of Custom duty shall be furnished.
g) Payment will be made either by means of Cheque or through RTGS (Real Time Gross
Settlement System) / Core Banking / NEFT (Net Electronic Fund Transfer).
11. Prices (GCC Clause 16)
47
Substitute Clause 16.1 of the GCC with the following:
Prices payable to the Supplier as stated in the Contract shall not be subject to
adjustment during performance of the Contract.
Sub-Contract (Clause 20)
Add at the end of sub-clause 20.1 the following:
Sub-contract shall be only for bought-out items and sub-assemblies.
13. Liquidated Damages (GCC Clause 22)
F or delays:
Substitute GCC Clause 22.1 by the following
Subject to Clause 24, if the Supplier fails to deliver any or all of the Goods or
perform of services within the time period(s) specified in the Contract, the
Purchaser shall without prejudice to its other remedies under the Contract, deduct
from the Contract Price, as liquidated damages, a sum equivalent to 0.5 percent of
the delivered price of the delayed Goods or unperformed Services for each week
of delay or part thereof until actual delivery or performance, up to a maximum
deduction of 10 percent of the delayed Goods or Services contract price. Once
the maximum is reached, the Purchaser may consider termination of the
Contract.
14. Resolution of Disputes (GCC Clause 27)
Add as GCC Clauses 27.3 and 27.4 the following:
The dispute resolution mechanism to be applied pursuant to GCC Clause 27 shall
be as follows:
(a) In the case of a dispute or difference arising between the Purchaser and a
Supplier relating to any matter arising out of or connected with this agreement, such
dispute or difference shall be settled in accordance with the Arbitration and
Conciliation Act 1996 the Arbitral Tribunal shall consist of 3 Arbitrator, one each to
be nominated by the Purchaser and the supplier. The third Arbitrator shall be chosen
by the two Arbitrators so appointed by the parties and shall act as Presiding
Arbitrator. In case of failure of the two Arbitrator appointed by the parties to reach
upon a consensus with in a period of 30 days from the appointment of the Arbitrator
appointed subsequently, the Presiding Arbitrator shall be appointed by the President
of Institute of Engineers (India).
48
The venue of arbitration shall be the place from where the Contract is issued (ie.)
Chennai.
15. Notices (clause 30)
For the purpose of all notices, the following shall be the address of the Purchaser
and Supplier.
Purchaser: Tamilnadu Medical Services Corp. Ltd.,
417, Pantheon Road,
Egmore,
Chennai 600 008.
Supplier:
(To be filled in at the time of Contract signature)
49
16. Annual Maintenance Contract (AMC):
Deleted
17. Enclosures to Bid:
Technical bid (Cover A):
Technical Bid shall include the duly filled up Tender documents along with
a) Bid Security.
b) Duly attested copy of License if any, approved by the concerned Licensing
Authority.
c) For Importers Photocopy of License renewed upto date.
d) Documentary evidence of constitution of firm such as Memorandum of
Articles, Partnership Deed, etc., with details of Name, Address, Tel. No.,
Fax No., E-mail Address of firm and the Managing Director / Partner /
Proprietor.
e) Authorisation of senior responsible officer of the Company to transact
business.
f) Annual turnover statement last for three years certified by the Auditor.
g) Copies of Balance Sheet and Profit & Loss Account for three years
certified by the Auditors.
h) Sales Tax clearance Certificate as on 31.03.2018.
i) Notarised statement of the Installed manufacturing capacity of the Items
quoted.
j) Qualification Criteria – Section VI-A
k) Performance Statement - Section X
l) Manufacturer’s Authorisation Form - Section XI
m) Technical literature and other documents in support of the goods /
services.
n) Any deviations
50
o) List of items quoted (without prices)
p) In case of critical equipment, the supplier shall give a certificate to the
effect that the equipment does not have any capability to remotely
observe or access. If called for by the purchaser a verification and
certificate of this claim shall be given by a 3rd
party.
Price Bid (Cover B):
Price bid shall include
a) Duly filled in Price Schedule - Section VII
b) Bid Form
Please note that the Bidder run the risk of his bid being rejected if the Price
Schedule contains any conditions.
52
SECTION – V
SCHEDULE OF REQUIREMENTS
Sch.
No.
Brief Description
1. Micropipette (10-100µl) as per specification
2. Micropipette (10-1000µl) as per specification
Delivery Schedule: - 30 days from the date of purchase order for the full quantity and for
increased quantity the delivery period will be increased proportionately.
53
Place of Delivery:- The above equipment should be delivered at
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
1 Ariyalur Ariyalur Ariyalur Manakkal Addl. PHC 1 1
2 Ariyalur Ariyalur Ariyalur Poyyur Addl. PHC 1 1
3 Ariyalur Ariyalur Ariyalur Sundakudi Addl. PHC 1 1
4 Ariyalur Ariyalur Ariyalur Poyyathanallur Addl. PHC 1 1
5 Ariyalur Ariyalur Ariyalur Vilankudi Addl. PHC 1 1
6 Ariyalur Ariyalur Ariyalur Kallankurichy Addl. PHC 1 1
7 Coimbatore Coimbatore Anaimalai Aliyarnagar Addl. PHC 1 1
8 Coimbatore Coimbatore Anaimalai Anaimalai Addl. PHC 1 1
9 Coimbatore Coimbatore Anaimalai Peddanaickanur Addl. PHC 1 1
10 Coimbatore Coimbatore Anaimalai Sethumadai Addl. PHC 1 1
11 Coimbatore Coimbatore Anaimalai Top Slip Addl. PHC 1 1
12 Coimbatore Coimbatore Anaimalai Mudis Nagar Addl. PHC 1 1
13 Coimbatore Coimbatore Anaimalai Sholayar Nagar Addl. PHC 1 1
14 Coimbatore Coimbatore Anaimalai Kaliyapuram Addl. PHC 1 1
15
Cuddalore
Cuddalore
Kattumannarkoil
Srimushnam
Upgraded PHC
0 1
16 Cuddalore Cuddalore Kattumannarkoil Srineduncheri Addl. PHC 1 1
17 Cuddalore Cuddalore Kattumannarkoil Veeranandapuram Addl. PHC 1 1
18
Cuddalore
Cuddalore
Kattumannarkoil
Muttam
CHC (Upgraded PHC)
0
1
19 Dharmapuri Dharmapuri Karimangalam Jekkasamudram Addl. PHC 1 1
54
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
20
Dharmapuri
Dharmapuri
Karimangalam
Karimangalam
CHC (Upgraded PHC)
0
1
21 Dharmapuri Dharmapuri Karimangalam Periyampatti Addl. PHC 1 1
22 Dharmapuri Dharmapuri Karimangalam Begarahalli Addl. PHC 1 1
23 Dindigul Dindigul Nilakottai Jakkainaikkanur Addl. PHC 1 1
24 Dindigul Dindigul Nilakottai Mattaparai Addl. PHC 1 1
25 Dindigul Dindigul Nilakottai Sirunaickanpatti Addl. PHC 1 1
26 Dindigul Dindigul Nilakottai Thummalapatti Addl. PHC 1 1
27 Dindigul Palani Vadamadurai Ayyalur Addl. PHC 1 1
28 Dindigul Palani Vadamadurai Pilathur Addl. PHC 1 1
29 Dindigul Palani Vadamadurai Kanappadi Addl. PHC 1 1
30 Erode Erode Thalavadi Geermalam Addl. PHC 1 1
31 Erode Erode Thalavadi Pinapuram Addl. PHC 1 1
32 Erode Erode Thalavadi Hongalvady Addl. PHC 1 1
33 Erode Erode Thalavadi Susaipuram Addl. PHC 1 1
34 Kanchipuram Chengalpattu Tiruporur Sembakkam Addl. PHC 1 1
35 Kanchipuram Chengalpattu Tiruporur Sirukundram Addl. PHC 1 1
36 Kanchipuram Chengalpattu Tiruporur Manampathy Addl. PHC 1 1
37 Kanchipuram Kanchipuram Sriperumbudur Panruti Addl. PHC 1 1
38 Kanchipuram Kanchipuram Sriperumbudur Vallam Addl. PHC 1 1
39 Kanchipuram Kanchipuram Sriperumbudur Molachur Addl. PHC 1 1
40 Kanyakumari Nagercoil Thovala Aralvaimozhi Addl. PHC 1 1
41 Kanyakumari Nagercoil Thovala Arumanallur Addl. PHC 1 1
55
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
42
Kanyakumari
Nagercoil
Thovala
Thadikarankonam
Upgraded PHC
0 1
43 Kanyakumari Nagercoil Thovala Thovalai Addl. PHC 1 1
44 Karur Karur Aravakurichi Esanatham Addl. PHC 0 1
45 Karur Karur Aravakurichi Kurumbapatti Addl. PHC 0 1
46 Krishnagiri Krishnagiri Shoolagiri Berigai Addl. PHC 0 1
47
Krishnagiri
Krishnagiri
Shoolagiri
Kamandotti
Upgraded PHC
0 1
48 Krishnagiri Krishnagiri Shoolagiri Uthanapalli Addl. PHC 0 1
49 Krishnagiri Krishnagiri Shoolagiri Athimugam Addl. PHC 0 1
50 Madurai Madurai Sedapatti Ramanathapuram.T Addl. PHC 1 1
51 Madurai Madurai Sedapatti Saptur Addl. PHC 1 1
52 Madurai Madurai Sedapatti Sedapatti Addl. PHC 1 1
53 Nagapattinam Nagapattinam Vedaranyam Ayakaranpulam Addl. PHC 1 1
54 Nagapattinam Nagapattinam Vedaranyam Kodikarai Addl. PHC 1 1
55 Nagapattinam Nagapattinam Vedaranyam Thethakkudi Addl. PHC 1 1
56 Nagapattinam Nagapattinam Vedaranyam Vaimedu Addl. PHC 1 1
57
Namakkal
Namakkal
Kolli Hills
Powerkadu
Upgraded PHC
0 1
58 Namakkal Namakkal Kolli Hills Thenurpatty Addl. PHC 1 1
59 Nilgris Nilgris Coonoor Adhigaratti Addl. PHC 1 1
60 Nilgris Nilgris Coonoor Edapalli Addl. PHC 1 1
61 Nilgris Nilgris Coonoor Kollakombai Addl. PHC 1 1
62 Nilgris Nilgris Coonoor Melur Hosatty Addl. PHC 1 1
56
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
63 Nilgris Nilgris Coonoor Aruvankadu Addl. PHC 1 1
64 Perambalur Perambalur Veppur Maruvathur Addl. PHC 0 1
65 Perambalur Perambalur Veppur Murukkangudi Addl. PHC 0 1
66 Perambalur Perambalur Veppur Thungapuram Addl. PHC 0 1
67 Perambalur Perambalur Veppur Kunnam Addl. PHC 0 1
68 Perambalur Perambalur Veppur Athiyur Addl. PHC 0 1
69 Perambalur Perambalur Veppur Perumathur Addl. PHC 0 1
70 Pudukottai Aranthangi Gandharvakottai Vellalaviduthi Addl. PHC 0 1
71 Pudukottai Aranthangi Gandharvakottai Viradipatty Addl. PHC 0 1
72 Pudukottai Pudukottai Viralimalai Mandaiyur Addl. PHC 0 1
73
Pudukottai
Pudukottai
Viralimalai
Neerpalani
Upgraded PHC
0 1
74 Pudukottai Pudukottai Viralimalai Rasanaickenpatti Addl. PHC 0 1
75 Pudukottai Pudukottai Viralimalai Palandampatti Addl. PHC 0 1
76 Pudukottai Pudukottai Viralimalai Avur Addl. PHC 0 1
77 Pudukottai Pudukottai Viralimalai Kalamavur Addl. PHC 0 1
78
Ramanathapuram
Paramakudi
Kadaladi
Ervadi
Upgraded PHC
0 1
79 Ramanathapuram Paramakudi Kadaladi Melakidaram Addl. PHC 1 1
80 Ramanathapuram Paramakudi Kadaladi Sikkal Addl. PHC 1 1
81 Ramanathapuram Paramakudi Kadaladi Uchinatham Addl. PHC 1 1
82 Ramanathapuram Paramakudi Kadaladi Valinockam Addl. PHC 1 1
83 Ramanathapuram Paramakudi Kadaladi Naripaiyur Addl. PHC 1 1
84 Ramanathapuram Paramakudi Kadaladi Aapanur Addl. PHC 1 1
57
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
85 Ramanathapuram Paramakudi Kadaladi Melasirupodu Addl. PHC 1 1
86 Ramanathapuram Paramakudi Paramakudi Pambur Addl. PHC 1 1
87 Ramanathapuram Paramakudi Paramakudi Venkitankurichi Addl. PHC 1 1
88 Ramanathapuram
Ramanathapuram
Mandapam
Mandapam
Upgraded PHC
0 1
89 Ramanathapuram Ramanathapuram Mandapam Pamban Addl. PHC 1 1
90 Ramanathapuram Ramanathapuram Mandapam Pudumadam Addl. PHC 1 1
91 Ramanathapuram Ramanathapuram Mandapam Puduvalasai Addl. PHC 1 1
92 Ramanathapuram Ramanathapuram Mandapam Thamaraikulam Addl. PHC 1 1
93 Ramanathapuram Ramanathapuram Mandapam Thangachimadam Addl. PHC 1 1
94 Ramanathapuram Ramanathapuram Mandapam Vedhalai Addl. PHC 1 1
95
Ramanathapuram
Ramanathapuram
Thirupullani
Periapattanam
CHC (Upgraded PHC)
0
1
96 Ramanathapuram Ramanathapuram Thirupullani Thirupullani Addl. PHC 1 1
97 Ramanathapuram Ramanathapuram Thirupullani Velanoor Addl. PHC 1 1
98 Ramanathapuram Ramanathapuram Thirupullani Raghunathapuram Addl. PHC 1 1
99 Salem Salem Edappadi Chettimankurichi Addl. PHC 1 1
100 Salem Salem Edappadi Dadapuram Addl. PHC 1 1
101 Salem Salem Edappadi Poolampatti Addl. PHC 1 1
102 Salem Salem Edappadi Koneripatti Addl. PHC 1 1
103 Salem Salem Edappadi Pakkanadu Addl. PHC 1 1
104 Sivaganga Sivaganga Sivaganga Arasanoor Addl. PHC 1 1
105 Sivaganga Sivaganga Sivaganga Edayamelur Addl. PHC 1 1
58
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
106 Sivaganga Sivaganga Sivaganga Thamarakki Addl. PHC 1 1
107 Thanjavur Thanjavur Sethubavachathram Kuruvikarambai Addl. PHC 1 1
108 Thanjavur Thanjavur Sethubavachathram Perumagalur Addl. PHC 1 1
109 Thanjavur Thanjavur Sethubavachathram Umadhanadu Addl. PHC 1 1
110
Theni
Theni
KM GunduMyladumparai
Kadamalai Gundu
CHC (Upgraded PHC)
0
1
111
Theni
Theni
KM GunduMyladumparai
Varausanadu
Addl. PHC
1 1
112
Theni
Theni
KM GunduMyladumparai
Kumananthozhu
Addl. PHC
1 1
113
Thiruvallur
Poonamallee
Poonamallee
Nemam
CHC(UG/ Main PHC)
0
1
114 Thiruvallur Poonamallee Poonamallee Thirunindravur Addl. PHC 1 1
115 Thiruvallur Poonamallee Poonamallee Soranchery Addl. PHC 1 1
116
Thiruvallur
Poonamallee
Poonamallee
Thirumazhisai
Addl. PHC(Old Urban)
0
1
117 Thiruvallur Thiruvallur Ellapuram Latchivakkam Addl. PHC 1 1
118 Thiruvallur Thiruvallur Ellapuram Vengal Addl. PHC 1 1
119 Thiruvallur Thiruvallur Ellapuram Enampakkam Addl. PHC 1 1
120 Thiruvallur Thiruvallur Ellapuram Guruvoyal Addl. PHC 1 1
121 Thiruvarur Thiruvarur Valangaiman Haridhuvaramangalam Addl. PHC 1 1
122 Thiruvarur Thiruvarur Valangaiman Inamkilliyur Addl. PHC 1 1
123 Thiruvarur Thiruvarur Valangaiman Avur Addl. PHC 1 1
59
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
124 Tirunelveli Sankarankoil Melaneelithanallur Kurukkalpatti Addl. PHC 1 1
125 Tirunelveli Sankarankoil Melaneelithanallur Vannikonnandal Addl. PHC 1 1
126 Tirunelveli Tirunelveli Radhapuram Kallikulam.T Addl. PHC 1 1
127
Tirunelveli
Tirunelveli
Radhapuram
Tisayanvillai
CHC(UG PHC/Main PHC)
0
1
128 Tirunelveli Tirunelveli Radhapuram Navvaladi Addl. PHC 1 1
129 Tirunelveli Tirunelveli Radhapuram Uvari Addl. PHC 1 1
130 Tiruppur Tiruppur Avanasi Nambipalayam Addl. PHC 1 1
131
Tiruppur
Tiruppur
Avanasi
Sheyur
CHC(UG PHC/Main PHC)
0
1
132 Tiruppur Tiruppur Avanasi Thulukkamuthur Addl. PHC 1 1
133
Tiruppur
Tiruppur
Avanasi
Avanasi
Addl. PHC(Old Urban)
0
1
134
Tiruppur
Tiruppur
Avanasi
Thirumuruganpoondi
Addl. PHC(Old Urban)
0
1
135 Tiruvannamalai Cheyyar Arani(West) Devigapuram Addl. PHC 1 1
136 Tiruvannamalai Cheyyar Arani(West) Kannamangalam Addl. PHC 1 1
137 Tiruvannamalai Cheyyar Arani(West) Malayampattu Addl. PHC 1 1
138 Tiruvannamalai Cheyyar Arani(West) Onnupuram Addl. PHC 1 1
139
Tiruvannamalai
Cheyyar
Arani(West)
Thatchur
CHC(UG PHC/Main PHC)
0
1
140 Tiruvannamalai Cheyyar Arani(West) Kamakoor Addl. PHC 1 1
60
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
141
Tiruvannamalai
Tiruvannamalai
Pudupalayam
Karapattu
CHC(UG PHC/Main PHC)
0
1
142 Tiruvannamalai Tiruvannamalai Pudupalayam Periakulam Addl. PHC 1 1
143 Tiruvannamalai Tiruvannamalai Pudupalayam Pudupalayam Addl. PHC 1 1
144 Trichy Trichy Manaparai Chettiyapatty Addl. PHC 1 1
145
Trichy
Trichy
Manaparai
Puthanatham
CHC(UG PHC/Main PHC)
0
1
146 Trichy Trichy Manaparai Maravanur Addl. PHC 1 1
147 Trichy Trichy Manaparai Anampatti Addl. PHC 1 1
148 Tuticorin Koilpatti Ottapidaram Eppodumvendran Addl. PHC 1 1
149 Tuticorin Koilpatti Ottapidaram Kailasapuram.S Addl. PHC 1 1
150 Tuticorin Koilpatti Ottapidaram Katchaidalavaipuram Addl. PHC 1 1
151
Tuticorin
Koilpatti
Ottapidaram
Ottanatham
CHC(UG PHC/Main PHC)
0
1
152 Tuticorin Koilpatti Ottapidaram Pasuvanthanai Addl. PHC 1 1
153 Tuticorin Koilpatti Ottapidaram Pudhiamputhur Addl. PHC 1 1
154 Tuticorin Koilpatti Ottapidaram Veppalodai Addl. PHC 1 1
155
Tuticorin
Tuticorin
Karungulam
Karungulam
CHC (Upgraded PHC)
0
1
156 Tuticorin Tuticorin Karungulam Keelachekkarakudi Addl. PHC 1 1
157
Tuticorin
Tuticorin
Karungulam
Vallanadu
Main PHC
0 1
158 Tuticorin Tuticorin Karungulam Singathakurichi Addl. PHC 1 1
61
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
159 Vellore Tirupathur Pernampet Mailpatti Addl. PHC 1 1
160 Vellore Tirupathur Pernampet Melsanarkuppam Addl. PHC 1 1
161
Vellore
Tirupathur
Pernampet
Nariampattu
CHC(UG PHC/Main PHC)
0
1
162 Vellore Tirupathur Pernampet Arangalthurgam Addl. PHC 1 1
163 Vellore Tirupathur Pernampet T.T.Mottur Addl. PHC 1 1
164 Vellore Tirupathur Pernampet Aravatla Addl. PHC 1 1
165 Vellore Tirupathur Pernampet Udhayenthiram Addl. PHC 1 1
166 Vellore Tirupathur Pernampet Venkatasamuthiram Addl. PHC 1 1
167
Vellore
Vellore
Anaicut
Odugathur
CHC(UG PHC/Main PHC)
0
1
168 Vellore Vellore Anaicut Pallikonda Addl. PHC 1 1
169 Vellore Vellore Anaicut Poygai Addl. PHC 1 1
170 Vellore Vellore Anaicut Peenjamanthai Addl. PHC 1 1
171 Vellore Vellore Sholingur Karadikuppam Addl. PHC 1 1
172 Vellore Vellore Sholingur Kodaikal Addl. PHC 1 1
173 Vellore Vellore Sholingur Melpadi Addl. PHC 1 1
174
Vellore
Vellore
Sholingur
Ponnai
CHC(UG PHC/Main PHC)
0
1
175 Vellore Vellore Sholingur Vinnampalli Addl. PHC 1 1
176 Villupuram Kallakurichi Kallakurichi Eduthavainatham Addl. PHC 1 1
177 Villupuram Kallakurichi Kallakurichi Malaikottalam Addl. PHC 1 1
62
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
178
Villupuram
Kallakurichi
Kallakurichi
Melur
CHC(UG PHC/Main PHC)
0
1
179 Villupuram Kallakurichi Kallakurichi Alathur Addl. PHC 1 1
180 Villupuram Villupuram Kandamangalam Kandamangalam Addl. PHC 1 1
181 Villupuram Villupuram Kandamangalam Kondur Addl. PHC 1 1
182 Villupuram Villupuram Kandamangalam Purasinganapalayam Addl. PHC 1 1
183 Villupuram Villupuram Kandamangalam Rampakkam Addl. PHC 1 1
184
Villupuram
Villupuram
Kandamangalam
Siruvanthadu
CHC(UG PHC/Main PHC)
0
1
185 Virudhunagar Sivakasi Sathur Surankudi Addl. PHC 1 1
186 Virudhunagar Sivakasi Sathur Nemmeni Addl. PHC 1 1
187
Virudhunagar
Sivakasi
Sathur
Uppathur
CHC(UG PHC/Main PHC)
0
1
188 Virudhunagar Sivakasi Sathur Nalli Addl. PHC 1 1
189 Virudhunagar Sivakasi Vembakottai Elayirampannai Addl. PHC 1 1
190
Virudhunagar
Sivakasi
Vembakottai
Thayilpatti
CHC(UG/ Main PHC)
0
1
191 Virudhunagar Sivakasi Vembakottai Sevalpatti Addl. PHC 1 1
192 Virudhunagar Sivakasi Watrap Kottaiyur Addl. PHC 1 1
193
Virudhunagar
Sivakasi
Watrap
Kunnur
CHC(UG PHC/Main PHC)
0
1
194 Virudhunagar Sivakasi Watrap Nathampatti Addl. PHC 1 1
63
S.No.
Dist.
Name of the
HUD
Block
PHC
Type
10- 100
mic.lt Range
100-1000
mic.lt Range
195 Virudhunagar Sivakasi Watrap Pudupatti.W Addl. PHC 1 1
196 Virudhunagar Virudhunagar Kariapatti Kalkurichi Addl. PHC 1 1
197
Virudhunagar
Virudhunagar
Kariapatti
Mallankinaru
CHC(UG PHC/Main PHC)
0
1
198 Virudhunagar Virudhunagar Kariapatti Mustakurichi Addl. PHC 1 1
199 Virudhunagar Virudhunagar Kariapatti Mudukankulam Addl. PHC 1 1
200 Virudhunagar Virudhunagar Narikudi Kattanur Addl. PHC 1 1
201 Virudhunagar Virudhunagar Narikudi Mukkulam.A Addl. PHC 1 1
202
Virudhunagar
Virudhunagar
Narikudi
Narikudi
CHC(UG PHC/Main PHC)
0
1
203
Virudhunagar
Virudhunagar
Narikudi
Veerasolam
Upgraded PHC
0 1
Note :
1) The rate contract should be valid for a period of 2 years from the date of acceptance of the tender and extendable for
further period on mutual acceptance.
2) The quantity indicated is tentative and will vary as per the actual requirement during the rate contract period. The
supplier should have no claim against the purchase on the actual quantity of orders placed during the rate contract period.
3) During the rate contract period, further quantity may be ordered for any other Govt. Medical Institutions at the same rate
and terms & conditions.
65
SECTION VI : TECHNICAL SPECIFICATIONS
1. SPECIFICATION FOR MICROPIPETTES (10-100µL)
1) Should be light weight, Least RSI (Repetitive Strain injury).
2) Advance volume gearing.
3) Should be UV resistant.
4) Pipette tip cone should be autoclavable.
5) Separate tip ejector should be available.
6) In lab calibration and easy maintenance – Easy to open (No Special tool
required).
7) Different colour coding for easy identification.
8) Should be supplied with NABL Calibration certificates.
9) Three Years Warranty.
10) Micropipettes should have quality assurance certificate for accuracy and
precision.
11) USFDA or CE certified for safety and quality.
12) Should cover the volume range of 10-100µl.
13) Should be supplied with minimum of 1000nos. suitable tips each.
14) Atleast one service and calibration centre should be in Tamil Nadu.
2. SPECIFICATION FOR MICROPIPETTES (100-1000µL)
Range: 100µl – 1000µl
1. Calibration should satisfy the standards of ISO 8655 and ISO 17025.
Necessary certificates to be submitted by the manufacturer.
2. User friendly high performance air displacement pipettes with
compression spring mechanism.
3. Ergonomic design with light pipetting action. 9N to 14N force required for
pipetting.
4. Durable tip cone materials made of PVDF plastic to provide Excellent
Chemical resistance.
5. Availability of servicing facility for the manufacturer & supplier to calibrate
the Micropipettes in accordance to NABL in India or equivalent to
International standards.
66
6. Digital display clearly reads volume setting.
7. Ejector collar and tip cone can be removed for easy cleaning and
maintenance.
8. Volume setting by click stops.
9. Ease for on sight preventive maintenance and calibration.
10. Supplied with full documentation warranty, Calibration certificate along
with tools for servicing and calibration.
N ote: Bidders shall furnish technical compliance statement for the model quoted ,
d etails of manufacturer including deviations if any. Technical catalogue /data sheet shall a
lso be furnished in support of technical compliance statement with out fail.
67
SECTION VI-A : QUALIFICATION CRITERIA
(Referred to in Clause 11.2 of ITB)
For determining the lowest-evaluated bid, the Purchaser shall carry out the post
qualification of the Bidder in accordance with ITB Clause 11.2, using only the
requirements specified. Requirements not included in the text below shall not be used in
the evaluation of the Bidder’s qualifications
The Bidder shall furnish documentary evidence to demonstrate that it meets the following
experience requirement(s):
1. M anufacturer Bidders
(i) The bidder must have manufactured and supplied satisfactorily the similar model
quoted in each schedule of the Schedule of Requirements either directly or
through of any other authorized dealer to the extent of at least 15 Nos. for Sl.
No.1 & 2 under “Section – V, Schedule of Requirements” in any one of the last
five years of which minimum 7 Nos. for Sl. No.1 & 2 should have been supplied
to Indian Institution and should be in use satisfactorily with no adverse report
for at least one year preceding the date of bid opening.
(ii) The Bidder should furnish a brief write-up, backed with adequate data, explaining
his available capacity and experience (both technical and commercial) for the
manufacture and supply of the required equipment within the specified time of
completion after meeting all their current commitments.
(iii) The bidder should clearly confirm that all the facilities exist in his factory for
inspection and testing and these will be made available to the purchaser or his
representative for inspection.
2. N on- Manufacturer Bidders
In the case of a Bidder offering to supply Goods under the Contract that the Bidder does
not manufacture or otherwise produce, the Bidder should be duly authorized by the
m anufacturer of the Goods who meets the criteria under (1) above (all supporting
documents/information as asked above for manufacturer shall be submitted with the bid)
and
a) The manufacturer furnishes a legally enforceable authorization in the prescribed
Form [Section XI] assuring full guarantee and warranty obligations as per GCC
and SCC for the goods offered; and
b) The bidder, as authorized by the manufacturer, must have supplied and provided
after sales service to the extent of at least 7 Nos. for Sl. No.1 & 2 of the quantities
of similar model in the Schedule of Requirements in any one of the last five (5)
years to Indian Institution, which must be in satisfactory operation at least for one
year on the date of bid opening.
68
3. C ommon to Both Manufacturer and Bidder
(i) The information on past supplies and satisfactory performance should be given in the
Proforma given under Section-X.
(ii) Documentary evidence (end users certificate) in support of the satisfactory operation
of the goods as specified above shall invariably furnished.
(iii) Data to support that the manufacturer has the financial and production capacity to
perform the contract and complete the supplies within the stipulated delivery period shall
be furnished. for the non-manufacturer bidder data to support that he has the financial
capacity to perform the contract and complete the supplies within the stipulated delivery
period shall be furnished. Reports on financial standing shall be in the form of profit and
loss statements, balance sheets and auditors report for the past three years, bankers
certificate, etc.,
a) The bidder should have a manufacturing capacity of at least 2718 Nos. for Sl. No.1 and
3654 Nos. for Sl. No.2 similar capacity machines per annum certified by licensing
authority/ chartered accountant.
b) The annual sales turnover for the bidder should be at least Rs.10.52 lakhs for Sl. No.1
and Rs.13.66 lakhs for Sl. No.2 in any one of the last three years (2015-2016 to 2017-
2018), and it should be certified by the chartered accountants.
c) The bidder should have a cash/ credit limit of at Rs.2.63 lakhs for Sl. No.1 and Rs.3.42
lakhs for Sl. No.2 with their bankers exclusively for this contract and a certificate for the
above shall be furnished by the bankers.
(iv) Further, the manufacturer should be in continuous business of manufacturing /
supplying and after sale services of products similar to that specified in the
„Schedule of requirement‟ during the last 5 years prior to bid opening. In case of
non-manufacturer bidders, this condition should be satisfied by the manufacturer
of the product.
1 The legal status, place of registration and principal place of business of the
company or firm or partnership, etc.;
Notwithstanding anything stated above, the purchaser reserves the right to assess the
bidder‟s capabilities and capacity to execute the contract satisfactorily before deciding
on award
Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have made misleading or false representations in the forms,
statements and attachments submitted in proof of the qualification requirements; and/or
69
record of poor performance such as, not properly completing the contract, inordinate
delays in completion, litigation history, or financial failures etc.
Note:
1) The above post qualification requirements are to be met by the bidder (in case of
manufacturer bidders) and the bidder and the manufacturer respectively (in case of non
manufacturer bidders) and qualification of group/sister/parent companies will not be
considered for meeting the above requirement.
2) For the purpose of furnishing documentary evidence to meet the post qualification
criteria, the bidder should furnish the following:
a. The supply made to public sector/Government units in India/private sector,
the bidder should submit an affidavit confirming that the performance
statement given is correct along with copy of purchase order, copy of
invoices, proof of payment received from Purchasers, documentary evidence
(end user certificate) in support of satisfactory completion of orders and
function as stated above.”
b. The foreign manufacturer is permitted to submit an affidavit in their letter
head duly signed by the authorized signatory of the manufacturer confirming
that the performance statement given is correct.
71
To:
Gentlemen,
Date ............. 200
Contract No..............
Having examined the Bidding Documents including Addenda Nos......................, the
receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and
deliver...........................................
(Description of Goods and Services) in conformity with the said Bidding Documents for
the sum of.............................. (Total Bid amount in Words and Figures) or such other
sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this bid.
We undertake, if our bid is accepted, to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements.
If our bid is accepted we will obtain the guarantee of a bank in a sum equivalent to 5% of
the Contract Price for the due performance of the Contract, in the form prescribed by the
Purchaser.
We agree to abide by this bid for a period of ............... (Number) days from the date fixed
for bid opening under Clause 20 of the Instruction to Bidders and it shall remain binding
upon us and may be accepted at any time before the expiration of that period.
Until a formal contract is prepared and executed, this bid, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
We understand that you are not bound to accept the lowest or any bid you may receive.
Dated this................. day of ...................... 200..
Signature : .........................................
(in the Capacity of) : .........................................
Duly authorised to sign bid for and on behalf of
..........................................................................
P RICE SCHEDULE
1 2 3 4 5 6 7 8
PRICE FOR EACH UNIT Sch
No.
Item Description Country
of origin
Quantity
& Unit
Ex-factory Ex-
warehouse Ex- showroom off-the
shelf for CIF (a)
Packing
& forwarding
(b)
Inland transport,
Insurance and Incidental costs
incidental to delivery
(c)
Incidental
services as listed in
clause 7 of SCC (d)
Custom
s duty
(e)
Unit price
a+b+c+d+e
Total price per
schedule for delivery at final
destination (4 x 6)
GST –
IGST/CGS T/ SGST payable if contract is awarded
1. Micropipette (10-100µl) as per specification
151 Nos.
2. Micropipette (10-1000µl) as per specification
203 Nos.
i. Unit price in (6) (Rs. in words)
1. Micropipette (10-100µl) as per specification with HSN code/ rate of GST................................................................................................................................................................
2. Micropipette (10-1000µl) as per specification with HSN code/ rate of GST...............................................................................................................................................................
N ote:
(a) In case of discrepancy between unit price and total price, the unit price shall prevail.
(b) This price schedule should be placed in separate sealed cover “Cover B”
(c) GST applicable for Annual Maintenance Charges shall be indicated separately.
(d) The bidder should indicate the HSN code of the equipment/ service and applicable GST rates.
(e) The bidder should quote for the prices separately from column 5(a) to 5(e) and should not state “as inclusive”.
Place : Signature of Bidder......................……………..
Date : Name ……………………………
Business Address ……………………………
72
74
SECTION VIII: CONTRACT FORM
THIS AGREEMENT made the .............. day of ................, 20........ between ...................
(Name and Address of Purchaser) represented by the Managing Director .......................
(hereinafter “the Purchaser”) of one part and ................ (Name and Address of Supplier)
.................................... (hereinafter “the Supplier”) represented by ………………………
(Name of the Authorized Signatory and Designation), Aged …..... years, residing at
……………………………… (Full Residential Address of the Signatory) of the other
part:
WHEREAS the Purchaser is desirous that certain Goods and ancillary services should be
provided by the Supplier, viz., .............................................................................(Brief
Description of Goods and Services) and .................................................... has accepted a
bid by the Supplier for the supply of those goods and services in the sum of ......................
(Contract Price in Words and Figures) (hereinafter “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and constructed as
part of this Agreement, viz.:
(a) the Bid Form and Price Schedule submitted by the Bidder;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract; and
(f) the Purchaser’s Notification of Award
3. In consideration of the payments to be made by the Purchaser to the Supplier as
hereinafter mentioned, the Supplier hereby covenants with the Purchaser to
provide the Goods and Services and to remedy defects therein in conformity in all
respects with the provisions of the Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the
provision of the Goods and Services and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the Contract.
75
BRIEF PARTICULARS OF THE GOODS AND SERVICES WHICH SHALL BE
SUPPORTED / PROVIDED BY THE SUPPLIER ARE:
---------------------------------------------------------------------------------------------------------
S.No. Brief Description of Quantity to be Unit Price Total Amount Sales Tax
goods Supplied (3 x 4) & other
Taxes
Payable
---------------------------------------------------------------------------------------------------------
1 2 3 4 5 6
---------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------
Total Value: 5 + 6
Delivery Schedule:
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
Signed, Sealed and Delivered by the
said ........................................ (For the Purchaser)
in the presence of ...................................................
Signed, Sealed and Delivered by the
said ......................................... (For the Supplier) (Signature, Name, Designation and
Address with Office seal)
in the presence of ....................................................
1) (Signature, Name and Address of witness)
2) (Signature, Name and Address of witness)
77
SECTION IX: PERFORMANCE SECURITY FORM
To : (Name of Purchaser)
WHEREAS .......................................................... (Name of the Supplier) herein called
“the Supplier” has undertaken, in pursuance of Contract No................ dated, ................. to
supply ...................................................................... (Description of Goods and Services)
hereinafter called “the Contract”.
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier
shall furnish you with a Bank Guarantee by a recognised bank for the sum specified
therein as security for compliance with the Supplier’s performance obligations in
accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on
behalf of the Supplier, upto a total of .........................................................................
(Amount of the Guarantee in Words and Figures) and we undertake to pay you, upon
your first written demand declaring the Supplier to be in default under the Contract and
without cavil or argument, any sum or sums within the limit of .....................................
(Amount of Guarantee) as aforesaid, without your needing to prove or to show grounds
or reasons for your demand or the sum specified therein.
This guarantee is valid until the .............. day of .................. 200.
Signature and Seal of Guarantors
............................................
............................................
............................................
Date .................. 20 ............
Address ..............................
............................................
............................................
79
(Please see Clause 11.2(b)
(ii) of Instructions to Bidders)
SECTION X
Proforma for Performance Statement (for a period of last five years)
Bid No.
Name of the Firm
Order
placed by
(Full
Address of
Purchaser) (1)
Order
No.
and
Dated
(2)
Description
and
Quantity of
ordered
equipment
Value
of order
Date of
Completion
of delivery
Remarks
indicating
reasons for
late
delivery, if any
Has the equipment
been satisfactorily
functioning? (Attach a
certificate from the
Purchaser/Consignee)
As per
Actual Contract
Signature and Seal of the Bidder ...................................
..................................
80
SECTION XI
(Please see Clause 11.2(a) of Instructions to Bidders)
MANUFACTURER’S AUTHORISATION FORM
No..................... dated ......................
To
...................................
...................................
...................................
Dear Sir,
IFB No._
We who are established and reputable manufacturers of
having factories at and do
hereby authorise M/s._ (Name and address of Representative) to
submit a bid, and subsequently negotiate and sign the contract with you against the above
IFB NO.
No company or firm or individual other than M/s. are authorized
to bid, negotiate and conclude the contract in regard to this business against this specific IFB.
We hereby extend our full guarantee and warranty as per Clause 14 of the General
Conditions of Contract for the goods offered for supply against this invitation for bid by
the above firm.
Yours faithfully,
(Name)
for and on behalf of M/s.
(Name of manufacturers)
Note: This letter of authority should be on the letterhead of the manufacturing concern
and should be signed by a person competent and having the power of attorney to bind the
manufacturer.
81
SECTION - XII
A FFIDAVIT
(In Rs.10 NJ Stamp Paper)
1) I S/o. residing at No. proprietor /
partner / Managing Director of (Proprietary concern /
Partnership firm / Company) carrying on business at No.
do hereby solemnly affirm and sincerely state as follows:-
2) I state that our concern / company participated in the tender Ref. for the
supply of with Tamilnadu Medical Services Corporation ltd.,
3) Our concern / company had supplied nos. of similar equipment
for the hospitals detailed below and the same is considered by us to meet
the post qualification criteria prescribed in the tender above.
Sl.no Date of Invoice
Name of the Item and model
Name and address of Hospital / Institution supplied
Date of Installation
*
Date of end user performance
certificate *
4) I satisfy that the equipment supplied to the above hospitals are working
well and being maintained by us. The complaints received from the
hospitals are attended to on time as per the Annual Maintenance
Contract entered between us.
5) The performance certificate, invoice copy and payment proof are attached
for the above supply
Solemnly affirm at Signed before me
Chennai on this
Day 20 and singed in
my presents (Notary Public)
* The period between the date of installation and date of end user performance
certificate (Not installation certificate) should be more than one year on the date of bid opening.